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A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
Whitewood v. Wolf is the federal lawsuit that successfully challenged the Pennsylvania Marriage Laws, [a] as amended in 1996 to ban same-sex marriage.The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution.
The principal difference between a void and voidable marriage is that, as a void marriage is invalid from the beginning, no legal action is required to set the marriage aside. A marriage may be challenged as void by a third party, for example in probate proceedings during which a party to the void marriage is claiming inheritance rights as a ...
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Regardless of the terminology used, all states allow parties to divorce if the marriage breaks down and the couple agrees that the marriage will not work. [7] In order to attain a divorce on grounds that the marriage is over, the couple is required to prepare an affidavit that the marriage is irreparably broken and sign it under oath. [7]
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However, in situations where there was a complete absence of the canonical form (e.g. if the marriage was concluded in a civil ceremony) and a Catholic later wants to get married in canonical form to a different person, in many (but not all) dioceses the possibility exist for the parish priest to declare the former civil marriage invalid as ...
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